Rep. Sara Feigenholtz

Filed: 3/2/2012

 

 


 

 


 
09700HB5501ham001LRB097 18378 AJO 67036 a

1
AMENDMENT TO HOUSE BILL 5501

2    AMENDMENT NO. ______. Amend House Bill 5501 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Adoption Act is amended by changing Section
518 as follows:
 
6    (750 ILCS 50/18)  (from Ch. 40, par. 1522)
7    Sec. 18. Records confidential.
8    (a) The word "illegitimate", the words "born out of
9wedlock", and words of similar import shall not be used in any
10adoption proceeding in any respect.
11    (b) The court call of adoption proceedings shall not
12identify any of the parties by name. The parties may be
13identified by initials or pseudonyms. The case shall be
14identified by its general number. The names of the lawyers
15representing the parties may appear on the court call, and the
16type of application that is being made to the court may also be

 

 

09700HB5501ham001- 2 -LRB097 18378 AJO 67036 a

1identified.
2    (c) All adoption records maintained by each circuit clerk
3shall be impounded in accordance with the procedures provided
4by the Illinois Supreme Court's General Administrative Order on
5Recordkeeping and shall be opened for examination only upon
6specific order of the court, which order shall name the person
7or persons who are to be permitted to examine the file.
8Certified copies of all papers and documents contained in any
9file so impounded shall be made only on like order. The
10guardian ad litem for a minor sought to be adopted shall have
11the right to inspect the court file without leave of court
12during the pendency of the proceeding. The attorney of record
13for the petitioners and other parties may inspect the file only
14with leave of court. The petitioners to the adoption, the
15attorney of record for the petitioners, and the guardian ad
16litem of the person who is the subject of the proceeding shall
17be entitled to receive certified copies of the order of
18adoption in the proceeding at any time within 30 days after the
19entry of the judgment of adoption without order of court. After
2030 days from the entry of the judgment of adoption, no copies
21may be obtained without prior order of court, but good cause is
22not necessary to be shown:
23        (1) by one of the petitioners to the adoption; .
24        (2) by the adopted person over the age of 21 who was
25    the subject of the petition to the adoption, provided that
26    the adopted person submits to the court a non-certified

 

 

09700HB5501ham001- 3 -LRB097 18378 AJO 67036 a

1    copy of the adopted person's original birth certificate
2    issued by the Department of Public Health pursuant to
3    paragraphs (1) and (2) of subsection (e) of Section 18.1b
4    of this Act with no identifying information redacted
5    pursuant to subparagraphs (i) or (ii) of paragraph (2) of
6    subsection (e) of Section 18.1b of this Act as reflected on
7    the non-certified copy of the original birth certificate;
8    or
9        (3) by the adopted person who was the subject of the
10    adoption petition if the adopted person was born before
11    January 1, 1946, and submits to the court a letter from the
12    Department of Public Health confirming that no copy of the
13    adopted person's original birth certificate was located in
14    Illinois under paragraph (2) of subsection (e) of Section
15    18.1b.
16The court shall require proof of the authenticity of the
17documents submitted pursuant to court rule and applicable rules
18of civil procedure.
19    (d) If an appeal is taken from an adoption proceeding, the
20papers filed in the court of review and the opinion of the
21reviewing court shall not identify the true names of the
22parties; instead, initials or pseudonyms shall be used to
23identify the parties.
24(Source: P.A. 86-493; 87-620.)".